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A lawsuit filed by a group of local plumbers against the City of Batavia over an alleged lack of a qualified person in the plumbing inspector role and the make up of the plumbing board was dismissed Aug. 8 by county Judge Robert C. Noonan.

The decision was made public today.

Noonan ruled that the plaintiffs failed to present any facts that could be used at trial to support their claims and that the city had demonstrated it has made every effort to comply with New York's General City Law.

City Manager Jason Molino said the dismissal substantiates what officials have been saying all along.

"We're happy to see the court agreed that the city has made its best effort, done its due diligence, to do what's best for the taxpayers," Molino said.

The attorney for the plumbers, Brian Degnan, could not be reached for comment. We also tried contacting the plumber who has been most outspoken on the issue, Barbara Toal, and were unsuccessful.

Molino said the city's efforts to bring fairness and impartiality to the plumbing board and the exam process have been successful.

In the past year, the city has gained six new licensed plumbers, he noted.

One of the controversies that arose last year about the plumbers is that the licensing exam had some poorly constructed questions and the grading wasn't being applied fairly. Three people who had taken the test and given failing grades were re-graded by Assistant City Manager Sally Kuzon and all three passed (Correction: two of the three were passed by the plumbing board.)

As part of the lawsuit, the plumbers challenged Sally Kuzon's qualifications to grade the test and to sit on the plumbing board. In addition to being the assistant city manager, she is director of the Public Works Department.

The suit also challenged Code Enforcement Officer and Superintendent of Water/Wastewater Matt Worth's appointment under an emergency declaration as plumbing inspector to the plumbing board, and the qualifications of Bill Hays as a journeyman plumber to sit on the plumbing board.

Noonan ruled that all three people were qualified for their positions under the guidelines of state law and that the city had made every effort to find a qualified master plumber willing to give up his or her business in order to become a plumbing inspector.  

The ruling states that the plaintiffs failed to establish that the city had disregarded its statutory duties under General City Law.

The suit was brought by Mark Walton, Peter Dellapenna, Kenneth Toal, Ryan Toal, Henry H. Cook, Ryan Cook, Christopher Cook, Ronald Toal, Paul Salway, Larry Toal, Barbara Toal, Walter Szczesny and Carl McQuillen.

For previous coverage of plumbing board issues, click here.

An 82-year-old man was critically injured Friday afternoon when the three-wheel bike he was riding on Park Road was struck by a motorcycle.

According to Sgt. Kurt Schmitt, State Police, Gerald Sojda, of Park Road, Batavia, was southbound on Park when he pulled his bike into traffic and was struck by a 2009 Harley ridden by Noah Majewski, 22, of Batavia.

Sojda, who was transported to ECMC by Mercy EMS, was listed in critical condition because of his age and a significant amount of blood loss.

Schmitt said troopers spoke with Sojda's daughter today and "all signs look encouraging" for his recovery.

No citations have been issued, Schmitt said.

Two people suffered minor injuries Friday when a car they were in traveled off Lewiston Road and overturned.

Susan M. Geiger, 39, of Ridge Road, Medina, reportedly lost control of the car after she had driven onto the north shoulder of Lewiston and attempted to get back on the highway.

The investigation report prepared by Sgt. Greg Walker indicates the roadway was recently resurfaced with a stone and oil base.

The accident occurred at 6:07 p.m. in the area of 1768 Lewiston Road, Alabama.

Geiger and her passenger, Stephanie M. Persons, 21, had complaints of pain but were not transported to a hospital.

Christopher Michael Lambert, 31, of Elm Street, Batavia, is charged with burglary, 2nd. Lambert is accused of entering a residence on Log City Road, Elba, after being told to stay away. Lambert allegedly stole money and a new Garmin GPS unit. Bail was set at $25,000.

Jenea Marie Macleod, 27, of Genesee Street, Corfu, is charged with DWI, driving with a BAC of .08 or greater, operating an ATV on a public highway and no headlights on an ATV. Macleod was stopped at 10:08 p.m., Saturday, on Genesee Street in Pembroke by Deputy Howard Carlson.

Tracy Lynn Polak, 40, of Aldercreek South Road, North Tonawanda, is charged with DWI, driving with a BAC of .08 or greater, operating with registration suspended or revoked and driver's view obstructed. Polak was stopped at 10:36 p.m., Wednesday, on Route 77, Corfu, by Deputy Patrick Reeves.

Jonathan David Eldred, 27, of Main Road, Akron, is charged with criminal possession of a controlled substance, 7th, and criminal possession of a hypodermic instrument. Eldred was arrested at 10:46 p.m., Friday, at a residence on Bloomingdale Road, Tonawanda Indian Reservation, when he was allegedly found in possession of heroin and a needle during an investigation into an overdose.

Austin M. Heineman, 17, of Marble Road, Akron, is charged with DWI, driving with a BAC of .08 or greater, operating out of class and failure to keep right. Heineman was arrested following an investigation into an accident that was reported at 12:43 a.m., Saturday, on Sandhill Road, Alabama, by Deputy James Diehl. In the accident, Heineman was reportedly driving south on Sandhill Road when he lost control of the car and it overturned. His passenger, Timothy Ryan, 17, was transported to UMMC with non-life threatening injuries.

Mitchell Gregory Hoinski, 25, of Boll Street, Sloan, is charged with DWI and driving with a BAC of .08 or greater. Hoinski was reportedly involved in a motor-vehicle accident at 11:42 p.m., Friday, in the parking lot of Darien Lake Theme Park. Hoinski reportedly attended the Rascal Flatts concert earlier in the evening. 

Driving back from Alabama on Saturday afternoon, it was one of those late summer days that reminds you we're so lucky to live in Genesee County. And if you're reading this and don't live in Genesee County, my condolences.

I put the photos I took in a slide show so you can use the button in the lower left to expand the photos to a full screen view.

There was a motorcycle rally at the Clarion Hotel on Park Road on Saturday.  From what hotel managers and restaurant owners tell me, it brought a lot of business into town.  The hotels, I'm told, where booked.

The rally was organized by David Kasinski and Sam Kasinski and they're hoping to make it an annual event.

I got backed up on things to cover on Saturday and couldn't make it to the rally, but Rick Franclemont  did and took some photos.  Besides the photos we're posting here, he has posted several on his Picasa page.

Following the Mud Races, I stopped by the Alabama Jam at the Alabama Tee Off on Route 77.

What I found was some good music from a Medina-based band, a great reception from lots of friendly people and great weather. Unfortunately, I couldn't hang out until the headliners. the Trolls, took the stage, but I had a good time while I was there.

More pictures after the jump:

A record number of entrants showed up for the East Pembroke Fire Department's annual mud races. It was a perfect day for mud racing and the action was non-stop.

Below, a slide show of additional photos from the event.  To purchase pictures taken by Howard Owens from this event click here.

Below, photos of the mud queen race and the winner (name not yet available) submitted by Destin Danser.

Bohn's Restaurant, 5256 Clinton St., Batavia, NY:  Fine dining in an atmosphere of casual elegance. Lunch and dinner, steak, prime rib and seafood. Ask about Bohn's catering services and banquet facility. We have a $25 gift certificate for $12.50.

Cookies & Milk, 28 City Center, Batavia, NY: Cookies & Milk offers a wide selection of delicious cookies, cakes and pies. Now offering a full lunch menu that includes soups, salads and sandwiches. Stop by for something sweet! We have a $10 gift certificate for $5.

Clor's Meat Market, 4169 W. Main St. Road, Batavia, NY: For the best, most flavorful, juiciest chicken or hamburger in town, hands down, stop by Clor's. Oh, and the steaks are great, too. And the sausage. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $10 gift certificate for $5.

Settler's, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Viking Valhalla Restaurant & Rose Garden Bowl, 21 Buffalo Road, Bergen, NY: Open for lunch Monday through Sunday, and dinner Friday and Saturday evenings. Dinner favorites are our succulent prime rib and Friday fish fries! We are always happy to help plan your special occasion -- wedding, shower, rehearsal dinner, stag party, graduation, company function, banquet, family or class reunion. We have a $20 gift certificate for $10.

Larry's Steakhouse, 60 Main St., Batavia, NY: The name says it all -- Larry's is a great place for steak. Larry's has a fine dining atmosphere with a great menu and outstanding service. We have a $25 gift certificate for $12.50.

T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." We have a $20 gift certificate for $10.

Bourbon & Burger Co., 9 Jackson St., Batavia, NY: Batavia's newest burger joint offers more than two dozen different types of tasty hamburgers. Our menu also includes a variety of sandwiches, appetizers and an extensive beer list, plus a full bar. We have a $20 gift certificate for $10.

Alli's Cones & Dogs, 7063 Lewiston Road, Oakfield, NY: Full breakfast, lunch and dinner menu; all-you-can-eat salad bar; ice cream served year-round; eat-in or take-out. We have a $20 gift certificate for $10.

Ficarella's Pizzeria, 21 Liberty St., Batavia, NY: Dine-in, drive-thru or delivery. Featuring fresh, hearth-baked pizza since 1985. Pizza, wings, pasta and more. We have a $20 gift certificate for $10. (Good only at the Batavia location.)

Alabama Hotel, 1353 Lewiston Road, Basom, NY: A historic and legendary tavern and restaurant. The Alabama Hotel is famous for its fish fries, but also serves a variety of top-quality entrees, featuring Certified Angus Beef. Now with expanded hours. We have a $25 gift certificate for $12.50.

SOLD OUT

Press release:

 BATAVIA, NY – Today’s game between the Batavia Muckdogs and Vermont Lake Monsters has been canceled due to rain. This game will not be made up. Anyone with a ticket to today’s game can exchange it for a ticket of equal or lesser value to any remaining home game.

The Muckdogs return home on Saturday, Aug. 20, to take on the Mahoning Valley Scrappers at 7:05 p.m.

A house was struck by lightning and now there's the smell of smoke in the residence, located at 5024 Terry Hills Drive. The occupants have evacuated the premises.

Town of Batavia Fire Department is on scene and reports nothing is showing.

UPDATE 2:16 p.m.: The chief says there was definately a lightning strike and it has caused an electrical problem at the house. A thermal imaging camera is requested to check out the basement.

UPDATE 2:26 p.m.: National Grid has been notifeid with a 15 to 20 minute ETA for a rep to be on scene.

UPDATE 3:07 p.m.: Town of Batavia Fire back in service. Home owner advised by National Grid to contact an electrician.

Submitted by Pamela Fry.

The above photo is a soon-to-be Cecropia moth. My husband found this in East Pembroke where he works. I have never seen a caterpillar like this before so I did some research on Google.

The scientific name for this creature is a Hyalophora cecropia, which is North America's largest native moth. These caterpillars molt four times during their life span. The picture above is the caterpillar's fifth instar so he/she will be spinning its cocoon very soon.

In a few weeks, the Cepropia moth will come out of the cocoon (see picture below). Since these types of moths do not have mouth parts, they are unable to eat. As a result, the lifespan of an adult Cecropia moth is typically only 7-10 days in the wild.

I found this creature to be very interesting and thought I would share it with you!

A possible vehicle fire has been reported on the Thruway in the vicinity of mile marker 389.3 in the westbound lane.

Town of Batavia Fire Department dispatched.

The location is west of the Bank Street Road overpass.

UPDATE 9:58 a.m.: A chief reports, "we've got a good one going here." A lane will need to be closed. Additional manpower requested.

This is video sent to us by Ken Mistler of his own motorcycle burning last night on East Main Street, Batavia.  We initially reported the fire last night.

Karen, a Kingsbury Avenue resident, reports that yesterday around 1:15 p.m. her green Quaker parrot flew the coup.

She's worried about him and hoping an area resident might spot the parrot and, if not able to capture the bird, at least help her track him down.

The parrot has a red band with initials Y?B on it, plus a serial number.

Karen can be reached at 585-356-0191 or e-mail scmho_child@hotmail.com.

Downtown Batavia can support a supermarket and a group of businessmen who have done the marketing research to prove it have entered into a lease agreement to open a Save-A-Lot in the former Latina's location on Ellicott Street.

The new store will be 18,000 square feet.

"These guys have really got their heads straight," said Vito Gautieri, the building's owner. "We were looking at another chain, but this one looked like the best deal. I think it will be really good for Downtown Batavia."

The Gautieri's own Washington Towers and Vito said the family recognized the need to bring a supermarket downtown, both for the sake of tenants at Washington Towers and also 400 Towers.

"We really need a supermarket downtown," Gautieri said.

In fact, said Gautieri, the family decided to pass on an offer from a discount retail chain that would have filled all 40,000 square feet of the building because the need seems so great to bring a supermarket to the space.

The ownership group, operating locally as Batavia Food, Inc., has three other Save-A-Lot locations. The other stores are in Wheatland, Salamanca and Bradford, Pa.

Save-a-Lots operates as a kind of co-op of locally licensed stores. The new owners of the planned Batavia store have no affiliation with the owners of the Le Roy Save-A-Lot.

Gautieri said the owners of the Le Roy store were given first crack at the Batavia location, but for some reason a deal couldn't be put together.

Now Gautieri and his son, Vic, need to work on getting a tenant for the remaining 22,000 square feet on the first floor. He said they already have a couple of solid leads on possible tenants.

Gautieri is still working on ideas about what to do with the second floor. The space is currently 15,000 square feet, but because the building was constructed to support warehouse space on the second floor, the second floor roof could be raised and the area expanded to 25,000 square feet.

If Gautieri decides to expand the second floor, the space would either become premium office space or residential apartments.